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§ 18837. Mandatory Recycling of Commercial Solid Waste by Businesses.

14 CA ADC § 18837Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 9.1. Mandatory Commercial Recycling
14 CCR § 18837
§ 18837. Mandatory Recycling of Commercial Solid Waste by Businesses.
(a) On and after July 1, 2012, a business shall take at least one of the following actions in order to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal:
(1) Source separating recyclable and/or compostable materials from the solid waste they are discarding and either self-hauling, subscribing to a hauler, and/or otherwise arranging for the pick-up of the recyclable and/or compostable materials separately from the solid waste to divert them from disposal.
(2) Subscribing to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation.
(b) To comply with § 18837(a), property owners of commercial or multi-family complexes may require tenants to source separate their recyclable materials. Tenants must source separate their recyclable materials if required to by property owners of commercial or multi-family complexes.
(c) Each business shall be responsible for ensuring and demonstrating its compliance with the requirements of this Section. The activities undertaken by each business pursuant to § 18837(a) shall be consistent with local requirements, including, but not limited to, a local ordinance, policy, contract or agreement applicable to the collection, handling or recycling of solid waste.
(d) Except as expressly set forth in § 18837(e)(3), this Chapter does not limit the authority of a jurisdiction to adopt, implement, or enforce a recycling program that is more stringent or comprehensive than the requirements of this Section. Businesses located in such a jurisdiction must comply with any local requirements that have been enacted.
(e) This Chapter does not modify, limit, or abrogate in any manner any of the following:
(1) A franchise granted or extended by a city, county, city and county, or other local government agency;
(2) A contract, license, or permit to collect solid waste granted or extended by a city, county, or other local government agency as of the effective date of this regulation;
(3) The existing right of a business to sell or donate its recyclable materials; or
(4) The existing provisions of § 41783 of the Public Resources Code related to transformation that allow jurisdictions to reduce their per-capita disposal rate by no more than 10 percent. Materials sent to transformation facilities must meet the requirements of § 41783(a)(2) of the Public Resources Code regarding front-end methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible (i.e., businesses whose waste goes to a transformation facility still need to comply with the requirements in subsection 18837(a)).

Credits

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41783, 42649.2 and 42649.5, Public Resources Code.
History
1. New section filed 5-7-2012; operative 5-7-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 19).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 14, § 18837, 14 CA ADC § 18837
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